HR Focus
Fall 2010
TMHRA archives HTML versions of previous newsletters.
| Spring 2008 | Summer 2008 | Fall 2008 |
| Winter 2009 | Spring 2009 | Summer/Fall 2009 |
| Winter/Spring 2010 | Summer 2010 |
PAST PRESIDENT’S MESSAGE
TMHRA has had a challenging year that, due to the national economy downturn, resulted in many of our budgets being cut. Of course, one of the first line items to be cut was travel for most of us. That being said, we have had a very successful year in that all of our conferences, seminars, and workshops were well attended. I give credit to the many individuals involved in planning and executing them. The Programs Committee, chaired by Shante' Jordan, provided presentations of interest and importance to the membership and our profession. Lonne Parent-Smith's expert preparation as our professional "event planner" was crucial to our successes. In addition, your entire Board served you well in governing your Association.
Highlighting the year in the life of TMHRA was the inauguration of our Annual Awards Program at the Annual Conference at the DoubleTree Campbell Center in Dallas in May. This new program recognizes our members and organizations that are nominated and selected for outstanding service and accomplishments. Those selected this year were:
- Lidia Gonzales, City of Brownsville, HR Management Professional of the year
- City of Garland, Innovation Award
- Jennifer Askenazi, City of McKinney, Rising Star Award
- Charlie Shapard, Lifetime Achievement Award, henceforth to be known as the "Charlie Shapard Award"
In looking to the future of TMHRA, the Board of Directors and several TMHRA members met at the Hilton Bella Harbor in Rockwall the day prior to the Employment Law Seminar in September in a strategic planning session. The resulting plan revised our mission, stated our vision for 2020, defined gaps and challenges between our vision and current reality, and set strategic goals to meet our mission and vision. In the coming months, the incoming Board will be working diligently to plan and execute the strategic plan. The success relies on each Association member's participation and support.
These are exciting times in the life of our Association! Please volunteer to be a part of moving TMHRA forward. There certainly is a place for anyone interested in serving. Contact a Board officer or Board member to get involved. Please support Janie Mehrens as the incoming president. She and her Board have great plans for the coming year. Foremost will be dealing with issues presented by bills introduced by the 2011 State Legislature.
Finally, it has been truly a pleasure to serve as your president. The 2009-2010 Board of Directors was a delight to work with. Our Association and the HR profession are lucky to have such professionals. I wish each of you well. Remember that it is okay to have a good time, to smile, and to laugh. Sometimes we take ourselves way too seriously!
Don Byrne, PHR, IPMA-CP
Director of Human Resources, Odessa
INCOMING PRESIDENT'S MESSAGE
Dear Colleagues: I am very excited to begin my term as president of TMHRA. I've been part of the organization for a long time, and I've seen it change and grow over the years. Shortly after I became personnel manager of the City of Brenham in 1986, shortly thereafter I joined what was then called Texas Municipal Personnel Association. We probably had fewer than 50 persons attending our two major events each year. Over the years, we've grown to nearly 400 members and usually sponsor four educational events annually. I've been fortunate that my city management has allowed funding and time to participate in TMHRA. I am pleased and honored to have participated in the growth and maturation of our organization over these 20-plus years.
Just as my own job in Brenham has evolved into a much more complex position than when I began, so has the whole human resource management arena. To aid its membership in dealing with an ever-changing landscape, TMHRA's primary goal for a number of years has been to provide resources, educational opportunities, and networking opportunities for its membership at the most reasonable cost possible.
During the upcoming months, you will be hearing more about plans being developed to further enhance TMHRA's presence in the municipal human resources environment. And hopefully, you will want to participate in those plans by serving on a committee or perhaps the Board.
In September, the TMHRA Board and a group of members met prior to the Employment Law Seminar for a strategic planning retreat. Guided by Dr. Randy Pennington, the group examined the results of the recent membership survey and reviewed areas in which we are currently performing well, our accomplishments over the past several years, and areas that need some further attention. Out of those exercises, the group defined its mission and vision statements and developed a draft of strategic goals and objectives.
On November 19, the Board met to finalize the strategic plan and assign goals to committees to develop the plan of work for the remainder of the year and into 2012. Once the Board adopts the strategic plan, goals, and objectives, the document will be shared on our Web site for your review.
During the strategic planning process, we realized how far we have come as an organization yet how much remains to be done. Each time the State Legislature or Congress meets, our scope of responsibility changes and becomes more complex. Our organization will continue to assist its membership in keeping abreast of those changes and supporting each other in the challenges we all face.
As I begin my term as president, I especially thank Don Byrne for his service as TMHRA president for 2009-2010. He has spent many hours and traveled many miles on our behalf and will continue to do so as past president. And to all of the TMHRA Board, thank you for the friendship and support you've already given me.
Sincerely,
Janie
Upcoming Events
Texas Municipal Human Resources Association
TxPELRA/Civil Service Workshops
February 9-11, 2011
Crowne Plaza, 1015 Elm Street, Dallas
TWO TRAINING OPPORTUNITIES
The Texas Public Employer Labor Relations Association (TxPELRA) Annual Workshop will be held on February 9-10, 2011, prior to the 25th Annual Civil Service Workshop on February 10-11. Both workshops will be held at the Crowne Plaza Downtown in Dallas.
Enrollment for both workshops is limited to human resources professionals and management representatives from Texas municipal governments (for example, the city manager's office, the city attorney's office, civil service commissioners, the human resources department, the police department, and the fire department).
BENEFITS OF ATTENDING
The 2011 programs for the TxPELRA and Civil Service Workshops have been designed as a broad developmental experience for all participants, no matter their level of knowledge or experience. There will be opportunities in each session to ask questions related to administering the state Civil Service Law in your community and legislation regarding mandatory collective bargaining for public safety. In addition to the formal program, you will have the opportunity to network with others who also share similar problems and challenges. Speakers have been selected for their knowledge and experience of civil service, labor relations, and human resources management. This year's programs promise to be two of the best in the 25-year history of the workshops.
WHO SHOULD ATTEND
| City Managers | Assistant City Managers | Civil Service Commissioners |
| Compensation Managers | Human Resource Managers | Attorneys |
| Risk Managers | Personnel Professionals | City Secretaries |
| Police Chiefs | Fire Chiefs |
The members of the 2011 Program Planning Committee for these two workshops are Alison Froehlich-Smith (League City), Melinda Galler (Lewisville), Dick Hodapp (Fort Worth), Shante' Jordan (Rowlett), Miguel Ozuna (Cedar Park), Bettye Lynn (Fort Worth), George Mones (Mesquite), Tadd Phillips (McKinney), Barry Robinson (Greenville), and Charlie Shapard (retired).
SEMINAR MATERIALS
To lower costs and wasted paper, TMHRA will no longer provide handouts for speaker papers or printed materials of any kind. Instead, TMHRA will put all speaker papers on the TMHRA Web site at www.tmhra.org under "Seminar Materials" for attendees to download in advance, if they so desire. No written materials will be provided at the seminar location.
2011
| SEMINARS | DATE | LOCATION |
| TxPELRA Workshop | February 9-10 | Crowne Plaza Downtown, Dallas |
| Civil Service Workshop | February 10-11 | Crowne Plaza Downtown, Dallas |
| TMHRA Nuts and Bolts | April 1 | Marriott Austin North, Round Rock |
| TMHRA Annual Conference | May 25-27 | Moody Gardens, Galveston |
| Employment Law | August 31-September 2 | Crowne Plaza, San Antonio |
| TML Annual Conference | October 11-14 | Houston |
If you have questions, you may contact TML staff at 512-231-7400 or tmhra@tml.org.
MARK YOUR CALENDARS NOW!!!
WELCOME, NEW MEMBERS
INTRODUCING...New Members to TMHRA
TMHRA will provide you with opportunities to participate in planning educational sessions and all the other activities sponsored by our organization. As a member, you will also have access to TMHRA e-Solutions—a great way to get advice or feedback from your colleagues.
The following human resource professionals have chosen to join our great organization, and the Board has unanimously approved their applications. Our newest members (October-December) are:
Kelly Allensworth, Personnel Director, City of Nacogdoches
Keri Berger, City Secretary, City of Palacios
Amy P. Castro, President, Innovative Communication and Training Solutions
Mary Chambers, City Administrator, City of Anahuac
Brian Hayes, Director of Human Resources and Civil Service, City of League City
Brenda Jackson, City Secretary/HR Director, City of Groesbeck
Tyler C. Jarl, CMO, Administrative Assistant, City of Hutto
Debra Johnson, Assistant City Secretary, City of Canton
Stephanie Littleton, Payroll Administrator, City of Meadowlakes
Cheryl Marthiljohni, Human Resources Director, City of Victoria
Priscilla Martinez, HR Specialist, City of Odessa
BeLinda Maxedon, Assistant HR, Lake Cities Municipal Utility Authority
Jolee Perez, Benefits Coordinator, City of McAllen
Marissa Quintanilla, Director of Human Resources, City of Willis
Shawna Solomon, HR Generalist, City of Cedar Hill
Susan Streb, Human Resources Manager, City of Palestine
Callie K. Weaver, HR/Payroll Manager, City of Cleveland
We appreciate your interest in helping TMHRA remain a tremendous professional resource throughout the State of Texas.
Welcome to the TMHRA team!
TMHRA Sponsors
2010-2011 SPONSORS
TMHRA is grateful for the continued support of its sponsors. The sponsorships allow us to keep all events reasonably priced and affordable for all members. Thank you to the following sponsors for their support and contributions throughout the year:
GOLD SPONSORS
CIGNA HealthCare
CPS Human Resource Services
Holmes Murphy & Associates
ICMA Retirement Corporation
IPS Advisors, Inc.
Lynn Pham & Ross, LLP
Nationwide Retirement Solutions
Strategic Government Resources
United HealthCare
SILVER SPONSORS
Affion
Public
MetLife
NEOGOV
PARS
PeopleAdmin, Inc.
TML Intergovernmental Employee Benefits Pool
Texas Municipal Retirement System
BRONZE SPONSORS
Aetna
Standard Insurance Company
The Waters Consulting Group, Inc.
ARTICLES OF INTEREST aka NEWS YOU SHOULD BE AWARE OF
TMRS Update
Interest Rate for Members and Cities. Under HB 360, passed in the 2009 session of the Texas Legislature, TMRS members will receive an annual interest credit of 5 percent effective December 31, 2010. The city interest allocation will be determined by the Board of Trustees at its February 2011 Board meeting based on the 2010 year-end total return on the System's investments. The city interest allocation is credited effective December 31, 2010.
Please remind retirees who ask about "extra payments" that even though these payments were granted in previous years, there will be no extra payments made to retirees for the foreseeable future.
To TMHRA Board of Trustees:
I attended the TMRS Board meeting in Austin last on Friday, December 3, 2010. TMRS continues to do well in its investment returns in the expanding diversified portfolio. TMRS is adding more investment staff and recently hired Dan Wattles, who will work with the TMRS Advisory Committee. The audience continues to grow with labor and management employees attending the board meetings. The relationships enhanced at the meetings with labor will be important to TMHRA as collective bargaining comes closer to reality. Bob Scott, ACM in Carrolton, compiled the report below for GFOAT and is allowing me to send it to you. Bob continues to be a key member of the Advisory Committee and friend of TMHRA.
Respectfully Submitted,
Jim Parrish
- There continue to be personnel changes at TMRS. As you know, Eddie Solis, TMRS governmental relations manager, left to be a lobbyist, and his position has now been filled by Dan Wattles. In addition, as part of its strategic plan in transitioning its investment portfolio, TMRS has hired two new staff members—Dimitry Dimitry Shiskoff, director of risk management, and Dev Outlaw, director of fixed income investments (see below for backgrounds).
- The Board approved a real estate investment policy and a related implementation plan.
- TMRS continues to be on track from an investment return perspective to credit the cities their full 7.5% planned return, with a good possibility of a surplus that would allow the board to either build reserves or credit more than 7.5% to the cities to lower rates.
- The annual budget was approved.
- The risk based internal audit plan was approved.
- New appointments for the advisory committee were tabled to the next meeting.
- Board member April Nixon was elected to serve as the chair for 2011.
- Board member Pat Hernandez from Plainview is retiring, and her position will need to be filled by the governor. The statute allows three non-executive appointees, but right now, Pat as a municipal court judge and former police officer is the only one of the six board members that I would describe as an "employee," so I would not be surprised if the labor groups push hard to get an employee replacement.
Dev Outlaw, our new Director of Fixed Income, has 10 years of investment market experience, primarily with Genworth Financial and GE Asset Management, as a Portfolio Manager (PM). He is considered a generalist fixed income PM and his experience and knowledge extends to investment grade, high yield, structured product, munis, CDS/CDO's and fixed income derivatives. His experience also includes oversight of external managers.
Dimitry Shishkoff, our new Director of Risk Management, has 18 years of investment market experience with 9 of those focused on risk management and 5 years as an actuarial advisor with Towers Perrin. His investment experience began with JPM Investment Management focused on Asset Liability Management, and after a 3-year period in Russia as CEO of Renaissance Insurance Group, joined former JPM Inv Mgt colleagues in a start-up firm, Global Investment Advisors, where he focused on risk management and developed a fixed income attribution model from the ground up. At JPM, he was exposed to a variety of asset classes including fixed income, equities, preferreds, convertibles, currency, emerging markets, real estate funds, and private equity.
TMRS minutes are available at www.tmrs.org.
ADAAA NEWS
A Dallas jury awarded $184,400 to a hearing-impaired job applicant who was refused a stock clerk position at a staffing company with four locations in Texas. The jury awarded $34,400 for lost wages and emotional harm and an additional $150,000 in punitive damages. According to EEOC, a screener for Smith refused to take the plaintiff's application or to interview her, instead telling her through her interpreter that there were no openings. The screener also allegedly told her that she could be "dangerous" because she "couldn't communicate." The plaintiff had three years of experience as a stock clerk without any history of communication problems, EEOC reported. The plaintiff "wasn't asking for special treatment, just the chance to apply for a job," said EEOC Trial Attorney Joel Clark. "Smith Personnel's assumption that she couldn't work just because she is deaf is the type of mistaken assumption that can be prevented through training and education."
The EEOC has filed suit against a New Orleans firm claiming it violated the ADA by firing a worker because she was obese. Prior to this, many courts have ruled that obesity not caused by a physiological disorder or condition does not fall into a category of disability under the ADA. Unfortunately, the woman died before the suit could be litigated; however, her private interests will be represented by her estate. This is an interesting case to follow and is just further proof that the definition of a disability has gotten a lot muddier since the ADAAA was passed two years ago.
NEWS FROM AUDREY:
Drafted – A draft copy of the Form W-2 for 2011 is now available on the IRS Web site at: www.irs.gov/newsroom/article/0,,id=228881,00.html.
I-9 (Not So) Fine – Yes, you can store your Form I-9s electronically, but do study the regulatory requirements for how it must be done and how the files must be maintained, especially the audit trail. Retailer Abercrombie & Fitch learned the hard way that "technology-related deficiencies" can add up . . . to a $1,047,110 fine! It all began with an innocuous Notice of Inspection and there was no evidence of any "knowing hires" of undocumented workers, but the penalties for goof-ups can include fines, prison time, and debarment from federal contracts.
A Rosa by Any Other Name – With the stroke of the presidential pen, the term "mental retardation" will be replaced by "intellectual disability" in federal education, health, and labor laws. Rosa's Law honors the family of a young girl who led a successful effort to effect a similar change in MD law.
Enlighten Me – In a 2009 case, there was a 7th Circuit decision that found an ADA failure to accommodate by a school district that did not move a teacher with seasonal affective disorder (SAD)/depression from an internal classroom to an external room with windows and natural light. The teacher made multiple requests to be moved to available rooms, provided proof of her condition via a note from her psychologist, and eventually took leave of absence as her condition deteriorated. After finding the ADA violation, the case was remanded to the District Court to determine damages, and the jury awarded the former teacher more than $2 million (subsequently reduced to $127,000 due to caps on damages). Ekstrand v. School Dist. of Somerset (W.D. Wis. 10-10). Lesson learned? Be certain that individuals who are familiar with the ADA are involved in evaluating and responding to employee requests tied to their medical conditions. Sometimes common sense is not so common.
These tidbits have been provided by Audrey E. Mross, Labor and Employment Attorney Audrey E. Mross, Labor and Employment Attorney, Munck Butrus Carter P.C., Dallas, TX 75251, www.munckbutrus.com, (direct) 972-628-3616, (fax) 214-868-3033, amross@munckcarter.com.
RECAP OF THE 2010 EMPLOYMENT LAW SEMINAR
This year's Employment Law Seminar was held in Rockwall's beautiful South Shore Harbour on September 16-17. The seminar focused on current employment issues facing municipal governments, with a focus on the "What's," "When's," and "How's" of federally mandated collective bargaining, health care reform, and other state and federal legal developments.
The program kicked off with an enlightening presentation from Tony Robertson of the Texas Workforce Commission, Civil Rights Division. Tony explained that the functions of the Civil Rights Division was to serve Texas residents who might have been subject to some form of discrimination in certain employment and housing transactions. They receive, investigate, mediate, conciliate, and resolve complaints alleging violations of laws pertaining to Equal Employment Opportunity and Fair Housing.
His presentation was followed by a panel of experts that included Shanna Igo, Executive Director for Policy Development and Legislative Services, Texas Municipal League; and Albert Pena, Associate Attorney, Denton Navarro, Rocha & Bernal. They provided an in-depth overview of the proposed Public Safety Employer-employee Cooperation Act of 2009. They left us wondering about the many changes that could be in our future if and when this legislation passes at the federal level. This session was followed by an introduction to collective bargaining basics by Ric Navarro and Alan Ozuna, attorneys with Denton, Navarro, Rocha and Bernal. They provided tips on what to expect related to negotiating labor agreements and how to prepare. Participants then were given an interactive opportunity to participate in negotiations with the mock "city" and "union" bargaining teams led by Bettye Lynn of Lynn Pham and Ross. It was a very enlightening and energizing exercise.
Friday's session featured the ever-popular State and Federal Update presented by Bettye Lynn of Lynn Pham and Ross. Bettye's humor and unsurpassed knowledge kept us focused on the challenges related to the upcoming legislative changes and recent Supreme Court decisions. Some of the highlights included:
City of Ontario v. Quon – Resulted in a unanimous opinion in favor of the city holding that the search of Quon's text messages was reasonable and did not violate the 4th amendment. The search was motivated by a legitimate work-related purpose, and was not excessive in scope.
New Whistleblower Law – Broader protection than the Texas Whistleblower Act applicable to grants under ARRA-2009. Provides protection for claims of "gross mismanagement" or "waste" or danger to public health or safety, abuses to authority related to use of funds, or violation of laws related to funds, and there is no statute of limitations.
ADAAA – New Regulations Issued by EEOC - Several key points:
- A duration of several months is sufficient to show a substantial limitation.
- Pregnancy is not considered a disability.
- Major bodily functions that should be considered major life activities include digestive, bowel, neurological, brain, reproductive functions just to name a few.
FMLA – DOL Interprets FMLA to Cover Same Sex Parents – FMLA applies to any employee who assumes role of caring for a child, regardless of legal or biological relationship, and applies to nontraditional families, which include unmarried partners and families in LGBT, aunts, uncles, grandparents, etc.
Breaks for Nursing Mothers – Employers must furnish "reasonable break time for employee to express milk" for one year after child's birth. They must also provide a place, other than a bathroom, shielded from view and free from intrusion for employees to express milk.
As always, Bettye's presentation of state and federal legal developments was extremely informational and entertaining. Her expertise is sought by and valued by many HR professionals.
NEWSLETTER INPUT NEEDED!!!
This is YOUR newsletter, and we want to ensure that it provides you with a valuable source of information from TMHRA. If you have any ideas, articles, or information you would like to see included in future newsletters, please submit them to the Newsletter Committee. The 2010-2011 Newsletter Committee Chair is:
Melinda Galler
New Member and Newsletter Chair
Human Resource Director
City of Lewisville
PO Box 299002
Lewisville, TX 75029-9002
972-219-3452 phone
972-219-5005 fax
mgaller@cityoflewisville.com
BOARD OF DIRECTORS FOR 2010-2011
PRESIDENT
Jane Mehrens
Human Resources/Risk Manager
City of Brenham
P.O. Box 1059
Brenham, TX 77834-1059
979-337-7511 phone
979-337-7517 fax
jmehrens@ci.brenham.tx.us
VICE PRESIDENT
Debbie L. Maynor
Nominating Committee Chair
Human Resources Director
City of Killeen
P.O. Box 1329
Killeen, TX 76540-1329
254-501-7834 phone
254-501-7780 fax
dmaynor@ci.killeen.tx.us
SECRETARY/TREASURER
Tadd Phillips
Legislative Chair
Director of Human Resources
City of McKinney
P.O. Box 517
McKinney, TX 75070
972-547-7568 phone
972-547-2608 fax
tphillips@mckinneytexas.org
TRUSTEE
Martha Butz
Technology Committee
Director of Human Resources
City of Highland Village
1000 Highland Village Rd
Highland Village, TX 75077-6744
972-899-5087 phone
972-996-2178 fax
mbutz@highlandvillage.org
TRUSTEE
Melinda Galler
New Member and Newsletter Chair
Human Resource Director
City of Lewisville
PO Box 299002
Lewisville, TX 75029-9002
972-219-3452 phone
972-219-5005 fax
mgaller@cityoflewisville.com
TRUSTEE
Lidia Gonzales
HR Director
City of Brownsville
PO Box 911
Brownsville, TX 78522-0911
956-548-6037 phone
956-546-2429 fax
lgonzalez@cob.us
TRUSTEE
Richard Hodapp
TxPELRA/Civil Service Committee
Assistant HR Director
City of Fort Worth
1000 Throckmorton St
Forth Worth, TX 76102-6312
392-871-7770 phone
392-871-8869 fax
richard.hodapp@fortworthgov.org
TRUSTEE
Shante' R. Jordan, MPA, IPMA-CP
Sponsorship Chair
Human Resources Manager
City of Rowlett
4002 Main Street
Rowlett, TX 75088
972-463-3969 phone
972-412-6183 fax
sjordan@rowlett.com
TRUSTEE
Miguel Ozuna
Program Chair
Director Of Human Resources
City of Cedar Park
600 N Bell Blvd
Cedar Park, TX 78613-2216
512-401-5254 phone
512-401-5255 fax
miguel.ozuna@cedarparktx.us
TML BOARD REPRESENTATIVE
Bonita J. Hall, MPA, IPMA-CP
Director of Human Resources and Safety Management
City of Pearland
3519 Liberty Dr
Pearland, TX 77581-5416
281-652-1656 phone
281-652-1719 fax
bhall@ci.pearland.tx.us
PAST PRESIDENT
Don Byrne, PHR, IPMA-CP
Director of Human Resources
City of Odessa
P.O. Box 13194
Odessa, TX 79768-3194
432-335-4158 phone
432-335-3269 fax
dbyrne@ci.odessa.tx.us